●● IRC: #techbytes @ FreeNode: Wednesday, March 17, 2021 ●● ● Mar 17 [00:00] *GNUmoon has quit (Remote host closed the connection) [00:00] *GNUmoon (~GNUmoon@gateway/tor-sasl/gnumoon) has joined #techbytes ● Mar 17 [03:35] *genr8_ has quit (Quit: Leaving) [03:41] schestowitz__ https://twitter.com/JohnMystique/status/1371963849528778757 [03:41] -TechBytesBot/#techbytes-@JohnMystique: @LorenBoston See links. DuckDuckGo and its founder are pretty shady. https://t.co/e6cqf9NLWW https://t.co/klWGmMoUjG [03:42] schestowitz__ https://twitter.com/zoobab/status/1371916197625757708 [03:42] schestowitz__ " [03:42] schestowitz__ Techrights made my day with this EPO's Campinos AI video "The Hey Hi of Antnio Campinos Will Survive This" http://techrights.org/2021/03/16/campinos-will-survive/ [03:42] schestowitz__ #epo #campinos #ai [03:42] schestowitz__ " [03:42] schestowitz__ https://twitter.com/Chilreando/status/1371845334536753160 [03:42] schestowitz__ " [03:42] -TechBytesBot/#techbytes- ( status 503 @ https://techrights.org/2020/07/02/ddg-privacy-abuser-in-disguise/ ) [03:42] -TechBytesBot/#techbytes--> search.slashdot.org | DuckDuckGo: Illusion of Privacy - Slashdot [03:42] -TechBytesBot/#techbytes-@zoobab: Techrights made my day with this EPO's Campinos AI video "The Hey Hi of Antnio Campinos Will Survive This" https://t.co/dXPj20jkPK [03:42] -TechBytesBot/#techbytes-@zoobab: Techrights made my day with this EPO's Campinos AI video "The Hey Hi of Antnio Campinos Will Survive This" https://t.co/dXPj20jkPK [03:42] schestowitz__ ties [03:42] schestowitz__ Summary: Antnio Campinos and his friends may have put the EPO in legal hot water, having already outsourced EPO data to a serial GDPR violator with a notorious track record in other aspect [03:42] schestowitz__ " [03:43] -TechBytesBot/#techbytes-techrights.org | The Hey Hi of Antnio Campinos Will Survive This | Techrights [03:43] -TechBytesBot/#techbytes-@Chilreando: Microsofts run-ins with European data protection authorities Summary: Antnio Campinos and his friends may have p https://t.co/2T9ri3HiL4 [03:43] -TechBytesBot/#techbytes-@Chilreando: Microsofts run-ins with European data protection authorities Summary: Antnio Campinos and his friends may have p https://t.co/2T9ri3HiL4 ● Mar 17 [05:30] schestowitz__ " [05:30] schestowitz__ Hi Roy, [05:30] schestowitz__ It has been about a month now, since I even opened a single email from this account. Today, I had an interesting conversation. [05:30] schestowitz__ " [05:32] schestowitz__ "Hope you are well. [05:43] *genr8_ (~genr8_@unaffiliated/genbtc) has joined #techbytes ● Mar 17 [06:28] *GNUmoon has quit (Remote host closed the connection) [06:29] *GNUmoon (~GNUmoon@gateway/tor-sasl/gnumoon) has joined #techbytes [06:48] *GNUmoon has quit (Ping timeout: 268 seconds) [06:51] *genr8_ has quit (Remote host closed the connection) ● Mar 17 [07:04] *genr8_ (~genr8_@unaffiliated/genbtc) has joined #techbytes ● Mar 17 [08:27] *GNUmoon (~GNUmoon@gateway/tor-sasl/gnumoon) has joined #techbytes [08:33] *GNUmoon has quit (Ping timeout: 268 seconds) ● Mar 17 [11:03] *GNUmoon (~GNUmoon@gateway/tor-sasl/gnumoon) has joined #techbytes [11:20] *GNUmoon has quit (Remote host closed the connection) [11:20] *GNUmoon (~GNUmoon@gateway/tor-sasl/gnumoon) has joined #techbytes ● Mar 17 [13:48] schestowitz__ https://ipkitten.blogspot.com/2021/03/board-of-appeal-in-t180715-continues.html?showComment=1615985377059 [13:48] -TechBytesBot/#techbytes-ipkitten.blogspot.com | BREAKING: Board of Appeal in T1807/15 continues with ViCo oral proceedings referral - The IPKat [13:48] schestowitz__ " [13:48] schestowitz__ epi has already raised the issue of composition of the Enlarged Board of Appeal in this case with the President of the Boards of Appeal / Chairman of the EBoA; see https://tinyurl.com/yzgkfhvv [13:48] schestowitz__ Reply [13:48] schestowitz__ Replies [13:48] schestowitz__ Proof of the puddingWednesday, 17 March 2021 at 11:06:00 GMT [13:48] schestowitz__ It is reassuring to know that epi is monitoring this situation very closely. The letter to the President of the BoA should serve as notice of an "other reason" in the sense of Art 24(2) EPC as to why certain BoA members should not form part of the EBA for this referral. [13:48] schestowitz__ It remains to be seen how much importance the President of the BoA places upon the requirement for justice to be SEEN to be done ... by ensuring that no observers could possibly point to objective reasons to doubt the impartiality of the members of the EBA. [13:49] schestowitz__ It also remains to be seen whether the President of the EPO will impose an ex officio stay of proceedings for all cases where one or more parties has not provided their consent for scheduled oral proceedings to take place by VICO. [13:49] schestowitz__ There are compelling reasons why the EPO President should impose a stay of proceedings. That is, as explained by the Board in T1807/15, "Conducting oral proceedings in a legally incorrect format would amount to a substantial procedural deficiency which could affect the validity of the final decision". However, a similar argument could have been made in connection with the referral in G2/19. Curiously, the EPO President decided not to [13:49] schestowitz__ impose a stay in connection with that case. By way of contrast, he proved somewhat over-eager to impose stays of proceedings in connection with the interpretation of Art 53(b) EPC (including a stay imposed in November 2016 which, in the light of the decision in G3/19, can now be seen to have had precisely ZERO legal basis under the EPC). [13:49] schestowitz__ This all raises a question that is perhaps for another day, namely for how long will users tolerate a system in which the power of the EPO President to decide whether to impose a stay of proceedings is not subject to any meaningful legal constraints? This is no laughing matter for those summoned to VICO oral proceedings for which not all parties have provided their consent. There is a chance that the EBA's ruling might render [13:49] schestowitz__ effectively null and void the ED, OD or Board of Appeal decision in those VICO proceedings. However, despite the EPO committing a substantial procedural violation, the parties will not be able to recover their costs for participating in the VICO proceedings ... at least not unless they are prepared to risk seeking recompense in proceedings before a national court under Art 9(2) EPC. [13:49] schestowitz__ AnonymousWednesday, 17 March 2021 at 12:49:00 GMT [13:49] schestowitz__ Proof of the pudding, I do not see any legal basis allowing the President of the EPO to impose a stay. In my opinion, already the former decisions of the President of the EPO in this respect have been ultra vires. Unfortunately, said topic has never been discussed by the EBoA. [13:49] schestowitz__ Moreover, the decision of President of the EPO prohibiting the first instance divisions to render an interlocutory, separately appealable decision on the legality of imposed OPs by ViCo is also lacking any legal basis in my view. [13:49] schestowitz__ Reply [13:49] schestowitz__ AnonymousWednesday, 17 March 2021 at 11:57:00 GMT [13:49] schestowitz__ https://patentepi.org/assets/uploads/documents/epi-reports/210315%20Proposed%20Referral%20to%20the%20Enlarged%20Board%20of%20Appeal%20regarding%20oral%20proceedings%20by%20videoconference%20%E2%80%93%20Letter%20to%20the%20Chairman.pdf [13:49] schestowitz__ " [13:49] schestowitz__ http://ipkitten.blogspot.com/2021/03/board-of-appeal-in-t180715-continues.html?showComment=1615971679258#c1001720754743127442 [13:49] -TechBytesBot/#techbytes-ipkitten.blogspot.com | BREAKING: Board of Appeal in T1807/15 continues with ViCo oral proceedings referral - The IPKat [13:49] schestowitz__ " [13:49] schestowitz__ "Btw, why should third parties observations be limited to substantial patent law? Where is the legal basis for this stance?" [13:49] schestowitz__ Article 115 EPC: [13:49] schestowitz__ In proceedings before the European Patent Office [...] any third party may [...] present observations concerning the patentability of the invention to which the application or patent relates. [...]" [13:49] schestowitz__ " ● Mar 17 [14:41] *vmg3 has quit (Quit: leaving) ● Mar 17 [15:49] schestowitz__ http://ipkitten.blogspot.com/2021/03/board-of-appeal-in-t180715-continues.html?showComment=1615992216939#c8987552179219135531 [15:49] -TechBytesBot/#techbytes-ipkitten.blogspot.com | BREAKING: Board of Appeal in T1807/15 continues with ViCo oral proceedings referral - The IPKat [15:49] schestowitz__ " [15:49] schestowitz__ It appears that oral proceedings before the EBA have already been summoned (end of May, by ViCo!) for the case; it also appears that the EBA will include members who drafted the proposal to introduce new article 15a. [15:49] schestowitz__ Welcome to the (new) EPO. May the Rule of Law rest in peace. [15:49] schestowitz__ " ● Mar 17 [16:56] *GNUmoon has quit (Remote host closed the connection) [16:57] *GNUmoon (~GNUmoon@gateway/tor-sasl/gnumoon) has joined #techbytes ● Mar 17 [17:55] schestowitz__ >> sounds like good news [17:55] schestowitz__ > Yes, it is. I'm still hoping to find someone to do a technical review. [17:55] schestowitz__ I am no expert at that, I often have to look up manuals like this one. [17:55] schestowitz__ Today I had to mute someone in IRC for spewing out qanon-like nonsense (details in the log) [17:56] schestowitz__ XXXXXX: "The pedophile link is a parody of "Critical Race Theory." It is not serious, so it has nothing to do with "qanon" or "MAGA." Did you recognize that, or are you seriously missing the connection to false accusations of racism?" [17:58] schestowitz__ [14:10] of course if you +m the channel, everyone is censored [17:58] schestowitz__ [14:11] unless you +v them [17:58] schestowitz__ [14:11] but none the less, he has a point [17:58] schestowitz__ [14:11] yes, I know [17:58] schestowitz__ [14:11] I was going to allow those who talk more and don't provoke to appease their ego [17:58] schestowitz__ [14:11] I really don't know who that person is [17:58] schestowitz__ [14:11] reasonably new/recent [17:58] schestowitz__ [14:16] anyway, i would not just offline techrights. i was making a point [17:58] schestowitz__ [14:16] to be clear [17:58] schestowitz__ [14:16] but i am concerned [17:58] schestowitz__ [14:22] I am too [17:58] schestowitz__ [14:22] but it's a bit predictable [17:58] schestowitz__ [14:22] because nutty theories spread more during lockdowns ● Mar 17 [18:57] *liberty_box has quit (Ping timeout: 256 seconds) [18:58] *rianne_ has quit (Ping timeout: 265 seconds) [18:59] schestowitz__ > Qanon garbage is being spread around actively. :( It's even more [18:59] schestowitz__ > cult-like than M$. ● Mar 17 [19:12] *liberty_box (~liberty@host81-154-169-167.range81-154.btcentralplus.com) has joined #techbytes [19:12] *rianne_ (~rianne@host81-154-169-167.range81-154.btcentralplus.com) has joined #techbytes [19:44] *liberty_box has quit (Ping timeout: 264 seconds) [19:45] *rianne_ has quit (Ping timeout: 260 seconds) [19:56] *rianne_ (~rianne@host81-154-169-167.range81-154.btcentralplus.com) has joined #techbytes [19:57] *liberty_box (~liberty@host81-154-169-167.range81-154.btcentralplus.com) has joined #techbytes ● Mar 17 [20:37] *GNUmoon has quit (Ping timeout: 268 seconds) ● Mar 17 [21:47] *liberty_box has quit (Ping timeout: 260 seconds) [21:48] *rianne_ has quit (Ping timeout: 256 seconds) [21:57] *rianne_ (~rianne@host81-154-169-167.range81-154.btcentralplus.com) has joined #techbytes ● Mar 17 [22:00] *liberty_box (~liberty@host81-154-169-167.range81-154.btcentralplus.com) has joined #techbytes [22:56] *rianne_ has quit (Ping timeout: 260 seconds) [22:57] *rianne_ (~rianne@host81-154-169-167.range81-154.btcentralplus.com) has joined #techbytes ● Mar 17 [23:41] *GNUmoon (~GNUmoon@gateway/tor-sasl/gnumoon) has joined #techbytes [23:46] schestowitz__ https://twitter.com/zoobab/status/1372211274805882885 [23:46] -TechBytesBot/#techbytes-@zoobab: "The Enlarged Board adopts a vision which seems to be too imprecise to obtain the desired legal certainty in the fi https://t.co/kLrikuJfy5 [23:46] -TechBytesBot/#techbytes-@zoobab: "The Enlarged Board adopts a vision which seems to be too imprecise to obtain the desired legal certainty in the fi https://t.co/kLrikuJfy5 [23:47] schestowitz__ https://twitter.com/zoobab/status/1372210558473277444 [23:47] -TechBytesBot/#techbytes-@zoobab: EPO insiders send us links expressing concerns about the role of patents in vaccine monopolies which limit the dis https://t.co/QpShvRKkSN [23:47] -TechBytesBot/#techbytes-@zoobab: EPO insiders send us links expressing concerns about the role of patents in vaccine monopolies which limit the dis https://t.co/QpShvRKkSN [23:47] schestowitz__ EPO insiders send us links expressing concerns about the role of patents in vaccine monopolies which limit the dissemination/reach of vaccines - a subject one isnt permitted to mention in Twitter."" [23:47] schestowitz__ https://twitter.com/lxer_feed/status/1372204183693197314 [23:47] -TechBytesBot/#techbytes-@lxer_feed: Microsoft has come under repeated scrutiny for alleged breaches of the FCPA https://t.co/4Op5WUcumf [23:47] -TechBytesBot/#techbytes--> techrights.org | EPO and Microsoft Collude to Break the Law Part XII: Foreign Corrupt Practices, Bid Rigging and Slush Funds | Techrights